Honorable acquittal bars departmental punishment under Rule 12 unless on technical grounds or proven witness tampering.

O R D E R (ORAL)

Hon’ble Mr. R. N. Singh, Member (J)

1.The instant Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 by the applicant seeking following relief(s):-

“1. To quash and set aside the Order initiating DE dt.18.1.2009, Summary of Allegations dt.15.6.2010, Findings dt.9.4.2012, Order of Punishment dt.17.8.2012 and Order dt.3.6.2025

2. To direct the respondents to reinstate the applicant in service w.e.f.17.8.2012 with all consequential benefits including promotion/seniority, arrears of pay and all the Pension-cum-retirement benefits w.e.f.1.1.2025 with 18% compound interest w.e.f.1.1.2025.

2. To award cost in favor of the applicant and pass any order or orders, which this Hon’ble Tribunal may deem just & equitable in the facts & circumstances of the case.”

2. The claim of the applicant has been contested by the respondents by filing counter reply, to which the applicant has filed rejoinder.

3. We have heard the learned counsels for both the parties and with their assistance, perused the pleadings available on record.

4. Undisputed facts are that a departmental inquiry was  initiated against the applicant for the allegations as leveled against him in case FIR 435/08 u/s 420/468/471/466 IPC and a parallel departmental inquiry was initiated against the applicant vide order dated 18.11.2009 on the same allegations. The applicant was placed under suspension with effect from date of his arrest in the said case FIR, i.e., 03.12.2008. The allegations against the applicant were for submission of false medical bills. After conclusion of the departmental inquiry, the Inquiry Officer submitted his report holding the charges against the applicant as proved. Thereafter, the respondents passed the impugned order of penalty pursuant to the said departmental proceedings. In trial of the aforesaid case FIR, the applicant stood acquitted vide order/judgment dated 24.09.2024. Aggrieved by the impugned orders of penalty, the applicant had approached this Tribunal by way of O.A. No. 1674/2013, which was dismissed. Aggrieved by the order of the Tribunal, the applicant again approached this Tribunal by way of R.A. No. 197/2019 and the said Review Application was disposed of by a co-ordinate Bench of this Tribunal vide order/judgment dated 06.02.2025. Paras 6 & 7 of the said order/judgment dated 06.02.2025 read as under:-

“6. In view of the order passed by the Trial Court and keeping in view the aforesaid legal position i.e. Rule 12 of the Delhi Police (Punishment and Appeal) Rules, 1980 and following the order of the Hon’ble High Court, the order passed in OA No. 11:50:44 1674/2013 is recalled. RA is allowed. The OA is also heard with the consent of both parties.

7. In view of what has been discussed herein above, the OA is disposed of with a direction to the respondents to consider the final outcome of them disciplinary proceedings of the applicant in the light of Rule 12 of the Delhi Police (Punishment and Appeal) Rules, 1980, within three months from the date of receipt of a certified copy of this order and pass an order accordingly.”

5. In purported compliance of directions of this Tribunal in order dated 06.02.2025 in the said RA and captioned OA, the impugned order dated 03.06.2025 is passed. Thus, the present OA.

6. Learned counsel for the applicant submits that the applicant stood acquitted in the said case FIR by the competent Trial Court after taking into account the relevant evidence and for the similar allegations which were the part and parcel of the impugned disciplinary inquiry. He submits that the acquittal of the applicant does not fall under an